Hello

Been a long time since I posted here but I need to ask for some advice please.

I received a demand for outstanding coucil tax of £933.14 plus a summons saying a court hearing had been set for 3rd February at the magistrates court. It said that if I paid in full all action would cease. I paid the entire amount of £933.14 on 27th January one week before the hearing date and assumed all was sorted.

Then I received a Liability order for £93 (£53 court fees which I understood to be dropped if the total CT was paid in full) plus a further £40 administration fees.

I raised this with the council via email in the following correspondence:

--------------------From me to council------------------------

Dear Sir/Madam,

I received a court summons to attend a hearing on 3rd February 2012 unless I paid the outstanding council tax debt in full, which totalled £933.14 On the summons it says if the total amount is paid before the date of the hearing all proceedings will cease.

I paid the total amount £933.14 (in two separate payments of £513.14 and £420.00) on 27th January 2012 which was a week before the date of the hearing on 3rd February 2012

Yesterday I received a bill for more than £95 plus a threat of bailiffs if I don't pay this. As all proceedings ceased as the whole bill was paid on 27th January 2012, please update my account accordingly.

I enclose copies of the receipts from payment of my bill and have send a copy of this correspondence by post

Yours faithfully

--------------------Their reply-------------------------------------------

Dear ............

I note that your payment of £933.14 was received on 27/02/12.

The summons notice advised that the outstanding balance + costs was due. Enclosed with the summons were notices advising that the full amount including costs must be paid before the court hearing date in order to avoid further costs of £40 being added.

As you did not pay the summons costs of £55.00 as requested, a liability order was granted incurring you further costs of £40.00.

Please be advised that the outstanding balance must be paid within two weeks of the hearing date in order to avoid further recovery being taken.

If you are unable to pay this amount in full, please contact our customer services on 01295 227000 who will be able to offer an instalment plan.

Regards

.................

Recovery Team Leader

Today I had a visit from Bristow and Sutor who left a notice saying I now owed £119.49 for unpaid council tax and costs

How can they get a liability order issued against unpaid council tax and costs if the council tax was paid in full seven days before the hearing? The council officer clerarly states that it was the summons costs that were not paid. "As you did not pay the summons costs of £55.00 as requested, a liability order was granted incurring you further costs of £40.00.£

I had to borrow money to pay the council tax off in the first place as I couldn't meet the monthly bills against a £1203.14 council tax bill when on an income of £119 per week - made up of medical pension, self employment and tax credits (I get partial HB but I still have to pay £43 per week rent as well). Do I have any redress at all?.

Thanks

Just to add - the liability order is for unpaid council tax (which was paid 7 days before the hearing) and costs. Sure they have to make a liability order against just the costs?

I'm in the same boat as you bovvered, my council claim that at the time their letter was sent i was in arrears. They sent me a date for court A on 27th feb & issued a LO on the 24th at court B claiming they had sent a letter to correct the date from 27th to 24th. Only letters i got were the intial one to say that a LO may be issued & one to say it had. I've now got to find £123 in the next seven days or they will instruct bailiffs

You also paid in advance of the hearing? In which case I don't think they should be allowed to obtain a liability order from the court for council tax because it was paid in full. If they want to claim court costs they should issue a new claim for that shouldn't they? I'm so angry about this, I really am - fully prepared to do everything I can to fight this.

Did they tell you originally that the Summons cost had been added to the amount outstanding? If not it sounds to me as if they were engineering this so that you failed to pay. They will probably be relying on Regulation 34 of the Council Tax Regs http://www.legislation.gov.uk/uksi/1992/613/regulation/34/made note paras 5, 7 & 8

Hi Ploddertom, the summons showed to the amount of council tax due plus costs. I understood it that if I paid CT in full before the date of the hearing all court action would be dropped including court costs. That was my understanding anyway and I would have paid that as well as the £933 had I understood that. Having moved mountains to pay the extortionate amount of CT I'm now receiving bailiff action and further costs on court costs not unpaid CT. As far as I can tell i'm royally screwed here...

It might be worth contacting your local Councillor(s) and see if they can sway the decision.

PT

Yeah, I guess it won't hurt....it is just another example of bleeding the people dry of every last penny and it makles my blood boil.

This might be clutching at straws, but Councils should have a minimum amount of outstanding debt below which recovery departments should not progress for court action.

However, Hundreds of thousands of accounts below these minimums do in fact get presented to the courts, details aren't checked by the courts and applications are just rubber stamped.

Can you check if your council have this policy? If so, and their minimum is (£53) or less (costs for the summons), your council shouldn't have progressed your account to the liability order stage. Though as I say, this might be clutching at straws.

This might be clutching at straws, but Councils should have a minimum amount of outstanding debt below which recovery departments should not progress for court action.

 

However, Hundreds of thousands of accounts below these minimums do in fact get presented to the courts, details aren't checked by the courts and applications are just rubber stamped.

 

Can you check if your council have this policy? If so, and their minimum is (£53) or less (costs for the summons), your council shouldn't have progressed your account to the liability order stage. Though as I say, this might be clutching at straws.

Thanks for that outlawla - worth a shot - I'll find out